CRPA Sues County of Santa Clara For Ordering Gun Stores to Close
California Rifle & Pistol Association and FFL Guard have filed a lawsuit against the County of Santa Clara, California for their illegal order that gun stores are not “essential” businesses and so must close during the current COVID-19 restrictions.
CRPA has successfully worked with more than 90% of the jurisdictions across the state to ensure that local politicians have the legal information needed to keep essential gun stores open to the public during this time. But even with the guidance from the federal Department of Homeland Security, the State Public Health Officer, and numerous legal opinions, anti-gun governments continue to place their citizens at risk by denying access to firearms to defend their families.
“Firearm stores provide essential and desperately needed services for police, first responders, private security, and concerned citizens — including those who want to be prepared for potential civil unrest,” said Chuck Michel, the attorney representing CRPA and the other plaintiffs. “The vast majority of jurisdictions in California recognize this. But Santa Clara is stubbornly clinging to its opposition to allowing people to choose for themselves how best to be prepared,” Michel said.
During times of crisis, people need their constitutional rights more than ever. CRPA’s lawsuit demonstrates that gun stores and shooting ranges are essential services under California law. Anti-gun politicians are terrified by the hundreds of thousands of Californians who are choosing to purchase a firearm for the first time in order to be prepared in case of civil unrest. All of the claims that they “are not coming for your guns” and they “support the Second Amendment” just went out the window.
California state law comprehensively regulates the sale of firearms through its numerous gun control laws. But to advance its anti-gun-owner agenda, the city is willing to ignore state mandates and federal guidance about what businesses are essential
CRPA’s lawsuit seeks relief based in part on pre-emption grounds. Pre-emption is a legal doctrine that dictates that regulating firearm sales is a matter of such state-wide importance that state laws take precedence over any local action, even during a declaration of emergency. CRPA’s lawsuit allows points out that the federal government has already deemed these businesses as “essential” and contradictory local determinations are illegal.
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To stay updated on important case progress visit our Santa Clara County Case page.